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Kass v. City of Miami Beach

District Court of Appeal of Florida, Third District
Sep 6, 1983
436 So. 2d 1086 (Fla. Dist. Ct. App. 1983)

Opinion

No. 82-1823.

September 6, 1983.

Appeal from Circuit Court, Dade County; Rhea Pincus Grossman, Judge.

Pepe Nemire and Thomas F. Pepe, Coral Gables, for appellants.

Preddy, Kutner Hardy and G. William Bissett, Miami, for appellee.

Before HENDRY, HUBBART and JORGENSON, JJ.


This appeal contests a final summary judgment entered in favor of appellee City of Miami Beach and against the appellant, who had filed suit against the city after injuring herself by stepping in a hole located in the swale or parkway area between the sidewalk and the street. We affirm the trial court's ruling on the basis of Musetto v. City of Miami Beach, 82 So.2d 595 (Fla. 1955); Dramstadt v. City of West Palm Beach, 81 So.2d 484 (Fla. 1955); City of Miami Beach v. Quinn, 149 Fla. 326, 5 So.2d 593 (1942); Collom v. City of St. Petersburg, 400 So.2d 507 (Fla. 2d DCA 1981); City of Tamarac v. Garchar, 398 So.2d 889 (Fla. 4th DCA 1981).

Affirmed.


Summaries of

Kass v. City of Miami Beach

District Court of Appeal of Florida, Third District
Sep 6, 1983
436 So. 2d 1086 (Fla. Dist. Ct. App. 1983)
Case details for

Kass v. City of Miami Beach

Case Details

Full title:EDITH KASS AND DONALD KASS, M.D., APPELLANTS, v. CITY OF MIAMI BEACH…

Court:District Court of Appeal of Florida, Third District

Date published: Sep 6, 1983

Citations

436 So. 2d 1086 (Fla. Dist. Ct. App. 1983)

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